Interim Order 1

Order Details: Chamber summons
Pdf Text: SU- 243/2018 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS
IN
LONG CAUSE SUIT NO. 243 OF 2018
(MHCC010013322018)
Mr. Hundraj K. Premani ]
Aged 58 years residing at Flat no. 2/3]
B & C Satya Jivan Cooperative ]
Housing Society Limited, L. B. S. Marg]
Kurla (West), Mumbai400070. ] ..Plaintiff
Versus
Municiapl Corporation for Greater ]
Mumbai, (A Body Corporate ]
incorporated under the Provisions of ]
BMC Act 1889) having Its head office]
at Annexe Building, Mahapalika Marg]
Mumbai C. S. T. Mumbai400001. ] ..Defendant
Advocate Mr. V. T. Dubey for the Plaintiff.
Advocate Mr. Khandagle for the BMC/defendant.
CORAM : HER HONOUR JUDGE
MS S. P. PONKSHE
DATE : 1st February, 2018
(Court Room No. 11)
-- 1 of 4 --
SU- 243/2018 2
Oral Order.
1. This Chamber Summons has been taken out by the Plaintiff for
seeking amendment in the suit plaint. Perused affidavit in support. Ld adv
for the Defendant has objected for granting Chamber Summons for the
reason that already this court has decided matter on merits and adinterim
relief has been refused. This court has given directions to follow due
process of law. Thus, prayed for rejection of Chamber Summons.
2. Heard. Perused affidavit in support. It appears that after filing
of the suit on 30.01.2018, the Defendant has passed the order and the
Plaintiff wants to challenge the said order. It appears that after filing of
the suit, order has been passed and therefore, if proposed amendment is
allowed, it will not change the nature of the suit. Proposed amendment in
respect of order passed is the further consequence of the suit notice during
pendency of the suit. Therefore, if this chamber summons is allowed, no
prejudice would be caused to the Plaintiff. Even today, this court has given
direction to the Defendant to pass a fresh reasoned order by giving
opportunity to the hearing to the Plaintiff. Thus, in the facts and
circumstances, chamber summons is to be allowed in the interest of justice.
With this I proceed to pass the following order.
ORDER
1. Draft Chamber Summons is made absolute in terms of prayer clause
(a).
2. The Plaintiff is directed to carry out amendment as per the schedule
-- 2 of 4 --
SU- 243/2018 3
annexed to the chamber summons on or before next date, with direction to
place on record amended copy of the suit plaint and serve amended copy
of the plaint to the defendant.
3. Draft Chamber Summons stands disposed of accordingly and it be
registered for statistical purpose.
Dated : 01/02/2018 (S. P. PONKSHE)
Judge,
City Civil Court,
Gr. Bombay.
1. Dictated online on : 01.02.2018
2. Signed on : 01.02.2018
3. Delivered to Certified :
Copy Section on
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03/02/2018 At 4.25 p.m. MRS. SUPRIYA S. PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
01/02/2018
Judgment/Order signed by P.O. on 03/02/2018
Judgment/Order uploaded on 03/02/2018
-- 3 of 4 --
SU- 243/2018 4
-- 4 of 4 --